National Green Tribunal
Aarya Shrivastava vs Ministry Of Environment on 23 May, 2025
Item No.6
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 77/2020(CZ)
(I.A.No.73/2021)
Aarya Shrivastava Applicant (s)
Vs.
Union of India & Ors. Respondent(s)
Date of Hearing: 23.05.2025
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant (s): Mr. Dharamvir Sharma, Adv.
For Respondent(s) : Mr. Prashant M. Harne, Adv.
Mr. Mehul Bhardwaj, Adv.
Ms. Parul Bhadoria, Adv.
Ms. Gunjan Chowksey, Adv. with
Ms. Disha Chouksey, Adv.
ORDER
1. The issue for consideration is establishment and functioning of ETPs/CETPs/STPs to prevent untreated sewage/effluents being discharged in water bodies, including rivers and canals meeting such rivers or otherwise. The magnitude of the problem is well acknowledged. In the year 1962 GoI set up a Committee for prevention of water pollution. The recommendations led to enactment of the Water (Prevention and Control of Pollution) Act, 1974 ("Water Act") in pursuance of Article 252 of the Constitution. The Water Act provides for the constitution of a Central Board and State Boards/Committees. No polluted matter can be 1 O. A No.77/2020(CZ) Aarya Shrivastava vs. Union of India & Ors.
discharged into a stream or well or on land, and no industry, operation or process can be established and no out-let for discharge of sewage used without consent of the State Board. The Water Act provides powers to give directions for closing any such activity as well as for prosecution. Power to give directions implicitly includes recovery of compensation on 'Polluter Pays' principle.
2. Inspite of above statutory regime we are faced with serious problem of water pollution. The Hon'ble Supreme Court noted 1 that the water pollution caused serious diseases, including Cholera and Typhoid. Water pollution could not be ignored and adequate measures for prevention and control are necessary. Polluting industries were directed to be shifted on 'Precautionary' principle. It is not necessary to refer to all the judgments of the Hon'ble Supreme Court dealing with the significance of water and need to prevent pollution of water. We may only refer to the observations that everyone has right to have access to drinking water in quantum and equality equal to the basic needs. This is fundamental to life and part of Article 21.
3. We may note that discharge of untreated effluents and sewage is the principal cause of water pollution in the country as noted in cases relating to pollution of rivers. Similarly, in the case of 100 polluted industrial clusters being dealt with by this Tribunal, water pollution is one of the factors polluting the said industrial clusters. As already noted, official data of CPCB is to the effect that 351 river 1 (1988) 1 SCC 471 2 O. A No.77/2020(CZ) Aarya Shrivastava vs. Union of India & Ors.
stretches in the Country are polluted. The Tribunal held that remedial action for restoration of the said river stretches is necessary. In the said order, it was observed:
"As already noted, well known causes of pollution of rivers are dumping of untreated sewage and industrial waste, garbage, plastic waste, e-waste, bio-medical waste, municipal solid waste, diversion of river waters, encroachments of catchment areas and floodplains, over drawl of groundwater, river bank erosion on account of illegal sandmining. In spite of directions to install Effluent Treatment Plants (ETPs), Common Effluent Treatment Plants (CETPs), Sewage Treatment Plants (STPs), and adopting other anti-pollution measures, satisfactory situation has not been achieved. Tough governance is the need of the hour. If pollution does not stop, the industry has to be stopped. If sewage dumping does not stop, local bodies have to be made accountable and their heads are to be prosecuted. Steps have to be taken for awareness and public involvement."
4. The main issues involved in this application are encroachment and discharge of untreated water into the water body, Bhoj Wetland and a report was called from the authorities concerned on following points :
The total number of drains where untreated/sewage water is being discharged in the lake or river bodies in Bhopal.3
O. A No.77/2020(CZ) Aarya Shrivastava vs. Union of India & Ors.
i. Total number of STPs installed there. ii. Quantity of water being used by the residents in the city of Bhopal.
iii. Total capacity to treat the water. iv. The gap between the use and capacity to treat. v. Future planning of the municipality to meet out the gap and make proper arrangements for treatment of the water.
vi. Action taken against the polluters who are discharging the water, sewage and untreated water into the river bodies and causing water pollution and contaminating the underground water. vii. It is directed that Municipal Authorities to ensure that no solid waste be thrown into the open space and there should be no discharge of untreated/sewage water into the water bodies or in the open space and anyone violating the norms and any violation of this order should be taken seriously in accordance with the order passed by the Principal Bench of this Tribunal in O.A. No. 148/2016: Mahesh Chandra Saxena v. South Delhi Municipal Corporation & Ors.
5. The Bhopal Municipal Corporation submitted the report on that point as follows :
Information Committee report
desired by Hon'ble
Sr NGT as per order
N point No.11
o.
1 The total no. of Out of 62 drains through
drains where which wastewater is
untreated/sewage being discharged in the
water is being lakes/water bodies a
discharged in the total of 21 no. of drains
lake or river bodies have been connected to
in Bhopal sewage network system.
18 drains will be
connected to the
sewerage system under
the AMRUT (Sewage)
4
O. A No.77/2020(CZ) Aarya Shrivastava vs. Union of India & Ors.
Scheme of the Central
Government at the
earliest.
Remaining drains arc
proposed to be connected
to the sewerage system
under the Jal Jeevan
Mission, the said work
shall be
commenced upon project
approval.
2 Total of 13 05 ST
numbers of (including no P's
STP commissi s. AMR
installed oned under UT
there Project)
3
Quantity of water
being used by the 390 M.L.D. (Approx.)
residents in the city
of Bhopal
4
Total capacity to 130 M.L.D. (Approx.)
treat the water (Waste water)
5
The gap between the 180 M.L.D. (Approx.) use and capacity to (Wastewater) treat 6 Under the Jal Jeevan Future planning of Mission a sum of Rs.1600 the municipality to Crores (approx.) has been meet out the gap and proposed for the said make proper work.
arrangements for treatment of water 7 Action against the polluters who are • Time to time fine is discharging water, imposed on residents sewage and untreated water in to discharging sewage in to the river bodies and the lakes/water bodies causing water pollution and by the I3MC.
contaminating the underground water • To stop the discharge of polluted water in the lakes/waterbodies laying of sewage network, construction of sewage treatment plants and sewage pump houses is under process in the catchment of Upper Lake, Lower Lake, Siddiqui Hassan Lake, Bagh Munshi Hussain Lake and Kolar region under the AMRUT (Sewage) Scheme of the Central Govt.
8 • Solid waste is being
It is directed that
Municipal collected from door to
Authorities to ensure
5
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that no solid waste door on a daily basis in
be thrown into the the Bhopal city and is
open space and being disposed of in
there should he no
discharge of scientific manner at
untreated/sewage
water into the water Adampur Chhawani,
bodies or in the open Bhopal.
space and anyone
violating the norms • Warning boards have and any violation of this order should be been placed near lakes taken seriously in and water bodies to accordance with the order passed by the stop the citizens from Principal Bench of throwing solid waste this Tribunal in O.A. no. 148/2016; into the water bodies.
Mahesh Chandra
Saxena v. South • Spot fines are collected
Delhi Municipal from people who
Corporation & Ors.
Vide order dated dispose solid waste into
21.05.2020, the water bodies
despite of the
warnings.
• Lakes are regularly
cleaned and
maintained with the
help of harvestors
available with BMC.
• As per the previous
orders of the Hon'ble
NGT, kundas have
been constructed
nearby lakes to collect
the worship offerings.
Scientific disposal of
the waste generated
from these offerings is
carried out.
• To stop the solid waste
from flowing into the
lakes/water- bodies,
grills have been
installed on all the
drains meeting
lakes/water- bodies.
• To stop the
encroachment and to
enhance the
environment plantation
has been carried out at
the periphery of the
lakes.
6
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6. For non compliance of the environmental rules and discharge of untreated water into the water body, parameters for the realisation of EC has been laid down as follows :
i. 100% treatment of sewage may be ensured as directed by this Tribunal vide order dated 28.08.2019 in O.A. No. 593/2017 by 31.03.2020 atleast to the extent of in-situ remediation and before the said date, commencement of setting up of STPs and the work of connecting all the drains and other sources of generation of sewage to the STPs must be ensured. If this is not done, the local bodies and the concerned departments of the States/UTs will be liable to pay compensation as already directed vide order dated 53 22.08.2019 in the case of river Ganga i.e. Rs. 5 lakhs per month per drain, for default in in- situ remediation and Rs. 5 lakhs per STP for default in commencement of setting up of the STP.
ii. Timeline for completing all steps of action plans including completion of setting up STPs and their commissioning till 31.03.2021 in terms of order dated 08.04.2019 in the present case will remain as already directed. In default, compensation will be liable to be paid at the scale laid down in the order of this Tribunal dated 22.08.2019 in the case of river Ganga i.e. Rs. 10 lakhs per month per STP.
iii. We further direct that an institutional mechanism be evolved for ensuring compliance of above directions. For this purpose, monitoring may be done by the Chief Secretaries of all the States/UTs at State level and at National level by the Secretary, Ministry of Jal Shakti with the assistance of NMCG and CPCB.7
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7. The matter was taken up by this Tribunal on 16.02.2022 and Tribunal observed as follows :
"City of Bhopal is proud of being a city of lakes, but the facts are that more than 41 nallhas/passages/units are discharging untreated chemical sewage /polluted water into the pious lake, which is the largest source of water in the city of Bhopal. Encroachments, illegal constructions of residential and commercial establishments are another problems in addition to throwing of garbage and/or dumping them near 2 the open space of the lake. Repeated directions were issued by the Hon'ble Supreme Court and this Tribunal but inspite of them in flagrant violation of laws of the land, polluted water in the form of sewage, hospital and household effluents and also solid waste have continued to be discharged/thrown in the water body/lake. Violation of law is not only by private persons but also due to failure of statutory bodies including the local bodies and the regulatory authorities in taking adequate steps. There is a total lack of positive actions or accountability which weakens the rule of law, as large scale violations go unaddressed despite repeated and multiple judicial orders."
8. During the course of hearing today question was raised before the Learned counsel for the Municipal Corporation with regard to number of drain discharging untreated water into the water body and status of STP and status of removal of encroachment within the Bhoj Wetland but no satisfactory reply has been given by learned counsel for the respondent. 8 O. A No.77/2020(CZ) Aarya Shrivastava vs. Union of India & Ors.
9. Learned Counsel for the applicant Mr. Dharamvir Sharma has submitted that previously a report was filed that most of the encroachments have been removed but during the inspection with administrative authorities in the last week, he also visited at the time of inspection on call by the administration and found that several unauthorised illegal encroachments are there and no action have been taken by the authorities concerned and false paper report has been filed before this Tribunal.
10. We find the situation to be extremely unsatisfactory. There appears to utter neglect of constitutional obligation by the State Authorities, to the prejudice of environment and public health. Dumping of bio-medical and other waste and discharge of untreated sewage into the water bodies is a great hazard to public health and crime under the law of the land. Such water may be consumed by human or other living beings and also used for irrigation, affecting food safety, apart from damaging the flora and fauna in the area, including the aquatic life. Discharge of sewage is also blatant contempt of Supreme Court directions in Judgment dated 22.02.2017 in Paryavaran Surakha Samiti vs. Union of India, (2017) 5 SCC 326. Further, encroachments involve violation of statutory Rules, particularly Rule 4 of the Wetland (Conservation and Management) Rules, 2017. There is also undoubted violation of Water (Prevention and Control of 9 O. A No.77/2020(CZ) Aarya Shrivastava vs. Union of India & Ors.
Pollution) Act, 1974, Environment (Protection) Act, 1986 and Rules framed, Madhya Pradesh Town and Country Planning Act, 1973, Madhya Pradesh Municipal Corporation Act, 1956 and Bhopal Master Plan 2005. Any construction in catchment area upto 50 mtrs of the drain is illegal. The enforcement of Rule 4 for protecting the catchment area is not dependent on title to the property and even an owner is not permitted to raise construction in such 'No Construction Zone'. The lawlessness prevailing, as depicted from undisputed documents and findings in the reports of the statutory authorities need to be remedied on war footing by stringent action with the involvement of higher authorities of the State so as to enforce rule of law and restore environment and protect public health. Measures to be taken may include management of sewage by way of treatment and reuse. Help of Industries, who may use treated sewage for industrial purposes, may also be explored on such pattern at some places. This may require laying of pipelines to connect treated sewage to the industrial area, if adequate treatment facilities are not otherwise available with the Corporation. Demarcation of catchment area needs to be ensured with reference to the revenue record and summary action needs to be taken to remove encroachments and instead to develop green belts along the drains, lakes and the Wetland. Further, the lakes need to hold sufficient water and lake water quality has to be maintained at least which may allow aquatic life to 10 O. A No.77/2020(CZ) Aarya Shrivastava vs. Union of India & Ors.
thrive. This is constitutional obligation of the State. Since inter-departmental coordination issues arise and matter has remained neglected for long, including for about four years, inspite of pendency of the matter before the Tribunal, oversight and involvement of highest administrative authority in the State has become necessary.
11. Accordingly, we direct the Chief Secretary, Madhya Pradesh to forthwith call a meeting of concerned Departments particularly Public Health, Irrigation, Environment, Urban Development and Revenue Departments. The Environment Department can be the nodal agency, unless otherwise directed by the Chief Secretary. Apart from the said concerned Departments, the statutory regulators - the State PCB and State Wetland Authority may also be associated. The meeting may take cognizance of the grim situation and prepare a broad roadmap for the course of action to be adopted with stringent timelines, budgetary support and identified and accountable authorities for performing the tasks identified and also monitoring mechanism. The joint Committee may ensure compliance of rule of law, protection of environment and public health and restoration of public assets from the encroachers, acting in collusion with concerned authorities, to the detriment of public interest. It may be ensured that henceforth no illegal constructions take place, pending action against the past violations. Wherever 11 O. A No.77/2020(CZ) Aarya Shrivastava vs. Union of India & Ors.
found necessary, CCTV cameras be installed. Water quality of water bodies be restored by preventing dumping of waste and discharge of effluents/sewage. Water quality monitoring has to be on regular basis, exploring possibility to keep water bodies aerobic for maintenance of oxygen and for atleast minimum Water Quality criteria. It is sad to note that Health providers appear to be spreading diseases by dumping biomedical waste in water bodies, as found by the statutory regulators in the reports filed before this Tribunal. Health care establishments need to have either captive social and liquid water management facilities or common facilities in accordance with Bio-Medical Waste Management Rules, 2016.
12. We are also disappointed with the attitude so far adopted by the State PCB in not levying realistic compensation as per law laid down by the Hon'ble Supreme Court inter-alia in M. C. Mehta & Anr. v. Union of India1, Sterlite Industries (India) Ltd. v. Union of India2, Goel Ganga Developers India Pvt. Ltd. v UOI3 and Mantri Techzone Pvt. Ltd. V. Forward Foundation and Ors.4. The compensation must include element of deterrence with reference to the financial capacity of the violator, considering cost of restoration and other factors ________________________________________ 1 (1987) 1 SCC 395 2 (2013) 4 SCC 575 3 (2018) 18 SCC 257 4 2019 SCC online SC 322, Para 43-47 12 O. A No.77/2020(CZ) Aarya Shrivastava vs. Union of India & Ors.
which in the present case have been ignored for reasons best known to the State PCB. Wetland Authority appears to be disregarding its statutory obligation under Rule 4 of the Wetland Rules, 2017 of demarcating the wetland and maintaining the catchment area free of encroachment. Similar failures are patent on the part of the Municipal Corporation and other concerned authorities. We hope the statutory authorities will realize their constitutional and statutory obligations under the 'Public Trust Doctrine' of protecting the water bodies/lakes/wetlands in question and taking meaningful stringent action against the violators, including the hospitals who instead of providing health facilities have become source of destroying the health of a citizens and are not being made accountable for reasons best known to the authorities. The hospitals in question may be given last opportunity of compliance, failing which the consents granted to them may be cancelled and criminal cases registered against their managements, as per law.
13. Since, we are directing the statutory authorities to exercise their statutory powers following due process, we do not consider it necessary to issue notice to individual violators who have remedy of approaching this Tribunal by way of an Appeal or otherwise, if they are aggrieved. Various directions 13 O. A No.77/2020(CZ) Aarya Shrivastava vs. Union of India & Ors.
of this Tribunal have already been quoted in detail in earlier orders of this Tribunal and are not being repeated.
14. It is also made clear that public hearing to the encroachers has to be of summary nature in the form of written submissions and record which can be verified from the Revenue Department in a joint meeting of concerned authorities, followed by summary procedure with police help under the relevant statutory provisions, for protecting the assets of the State and protection of environment and public health.
15. While hearing a matter on 28.02.2022 the Tribunal observed and directed as follows :
The Chief Secretary, Madhya Pradesh may file a consolidated action taken report mentioning the steps taken by various authorities within three months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The report inter-alia may include the status of :-
(i) Sewage treatment and utilization, including in-
situ remediation.
(ii) Interception and diversion of sewage/sullage drains to STP and returning completely treated water for recharging of water bodies to maintain water levels, maintaining water quality.
(iii) Maintaining flood plain level of lakes free from any further encroachments and removing existing encroachments, as per directions given above, to enforce the law of the land.
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(iv) Regular Monitoring mechanism to oversee progress of execution in tandem with State Level Wetland Authority.
(v) Steps for mass awareness, involving citizens in conservation programme.
16. Inspite of repeated orders nothing progress report has been filed by the State or the BMC it seems that the State Authorities are either above the law or they are not following the Rule of law and provisions contained in Wetland Act.
17. Learned Counsel for the applicant further submitted that with regard to illegal encroachments Hon'ble Supreme Court of India has repeatedly directed that no person has authority to forcefully occupy and encroach the State land or any wetland. Illegal and unauthorised occupation may not create any legal right in favour of illegal occupants. Illegalities can not be permitted to be continued and it is the responsibility of the District Administration to follow the Rule of law and enforce the Rule of law and not to permit direct or indirectly encroachment of the State land.
18. It is further argued that the Civil Appeal filed by the aggrieved against the illegal encroachments was taken up by the Hon'ble Supreme Court of India in Civil Appeal No. 5304 of 2024 and was dismissed.
15 O. A No.77/2020(CZ) Aarya Shrivastava vs. Union of India & Ors.
19. Learned Counsel for the BMC sought a three weeks' time to execute the orders and to remove all encroachments from the Bhoj Wetland and to ensure that no untreated water is discharged into the water body.
20. We direct the Commissioner, Bhopal Municipal Corporation, Member Secretary, State Wetland Authoriy and Collector Bhopal to ensure the removal of encroachment from every inch of the wetland and further to ensure not to discharge untreated water into the water body and make necessary arrangements by creating treatment facilities and file their personal affidavit with the action taken report. Since the matter is pending for more than 5 years and repeated orders have been issued from this Tribunal, Hon'ble High Court and Hon'ble Supreme Court, thus, the matter requires consideration and disposal and remedial measures to protect the wetland in accordance with the Rule 3 of the Wetland (Conservation and Management) Rules 2017 as it is acclaimed Wetland site out of international event at Ramsar Site. Both the officials may attend the proceedings for just conclusion of the case on next date of hearing through V.C., so that the matter may be resolved.
21. A copy of this order be communicated online to Chief Secretary, State of MP, Principal Secretary (Environment) State of MP, Member Secretary, State Pollution Control Board, State Wetland Authority Bhopal, Municipal Commissioner, Bhopal 16 O. A No.77/2020(CZ) Aarya Shrivastava vs. Union of India & Ors.
Municipal Corporation and Collector Bhopal for information and necessary action..
List it on 9th July, 2025.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 23rd May 2025 O. A No. 77/2020(CZ) K 17 O. A No.77/2020(CZ) Aarya Shrivastava vs. Union of India & Ors.